BIJENDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner seeks jail in case F.I.R. No. 105 dated 9.6.2001. under Sections 307/34/120-B of Indian Penal Code and under Section 25 of Arms Act. registered at Police Station Kundli, District Sonepat.

(2.) The case came to be registered- on the statement of Ram Kumar. According to his version the incident had taken place on 8.6.2001 at about 7.00 A.M. in the area of village Kundli, when he alongwith Dharampal Tyagi and Shiva Nand Tyagi was sitting in front of the lawn located in their office. At that time, a Maruti Car of white colour stopped there. One person came out of the car and fired twice at Raj Kumar. Thereafter, he ran away from there, Counsel representing the petitioner-accused has submitted that Bijender Singh & Kala, who was stated to be the driver of Car No. HR 26-6999 has been granted the concession of bail in case Criminal Miscellaneous No. 45965-M of 2001 as per order dated 8.3.2002 of this Court and so far as allegation against the petitioner-accused is concerned he was the co-occupant of the car. This version has not been disputed by the State counsel. Petitioner-accused has been in custody since 4.9.2001.

(3.) Keeping in view the totality of the circumstances of the case brought on record and the period for which the accused-petitioner has been in custody. this petition is accepted. The petitioner-accused shall be admitted to bail by the trial Judge on his furnishing bail/surety bond to his satisfaction.